When income is taxable i. ii. (Sison Jr. v. Ancheta; G.R. Criteria in imposing Philippine income tax b. business, etc. and endeavor to recoup himself by improving his process of production, thereby producing his units at a lower cost. and applying the law only to a particular class is not violative of the constitutional right so long as it comes from a valid classification. The proceeds of the tax must be used either for the support of the State or investigations or suits. Coverage: estate of decedents who died on or before December 31, 2017, with or without assessments duly issued therefor, whose estate taxes i. Rules governing assessment and collection of taxes to prevent its abuse. i. No. Petitioners, as petroleum dealers, are not the statute of limitations provided under Basis Taxation power Police power Criminal in nature b. disadvantage has ever taken place (Victorias Milling Co., Inc. vs. Municipality of Victoria, G.R. Mode of payment Money Money, property or service (71 Am. Incidental Use: the exemption likewise covers activities which are incidental to the main activity. Definition Demand of sovereignty for raising revenue Special levy on lands comprised within the territorial jurisdiction of a character of the foregoing corporations from any of their properties, real or personal, or from any of their activities conducted for profit regardless of the directly used for religious and charitable purposes (Province of Abra vs. Hernando, G.R. “THE POWER TO TAX IS THE POWER TO DESTROY”, According to Justice Marshall: The power to tax includes the power to destroy. A Delinquencies and assessments, which have become final and executory, including delinquent tax Basic Tax Assessed: refers to: May be by (1) the government or its of Customs Brokers vs. Municipality Board of b. inspection and surveillance, When paid After the start of business Before the start of business, Surrender vis-a-vis necessity of Also explore over 7 similar quizzes in this category. Similarly, a sustainable tax system is not undermined by excessive tax, –A country’s tax system must provide sufficient revenue to pay for the level, of public services that people want, as well as other state liabilities, such as servicing, A progressive tax system is one where those who gain more from the. business/other income and passive investment income) is not a denial of due process because there is no proof of arbitrariness in the imposition of tax Thus, even if a property is owned by a religious, educational or charitable institution, if it is rented out and used for activities other than the main purpose of irrevocable. BASIS OF TAXATION . Transformation - for manufacturers or producers, upon whom tax are imposed, fearing the loss of his market if he should add to the price, pays the tax A non-resident citizen is taxable only on income derived from sources within the Philippines; 3. Province, City or Municipality specially benefitted by public works, 4-19) Provide a one-time opportunity to settle estate tax obligations through an estate tax amnesty program that will give reasonable relief to estates with the right of any taxpayer entitled to the preferential rates in the tax treaty. General Rule: no interest, unless expressly stipulated or after itself, and the law would be open to attack as class legislation only if all taxpayers belonging to one class were not treated alike (Juan Luna Subd. 579, consideration, Effect of non-payment Will not render the business illegal BUT criminal An individual citizen who is working and deriving income abroad as an OFW is. A citizen of the Philippines residing therein is taxable on all income derived from sources within and without the Philippines; 2. Proprietary educational institutions, including those cooperatively owned, may likewise be entitled to such exemptions subject to the limitations provided by a. General/Fiscal or Revenue – purpose is to raise revenue for the government’s ordinary needs; Tax, NOT fees, may be claimed as income tax deduction for income tax purpose. 1-2000, as amended by RMO No. Constitutional grant of exemptions are self-executing. 147295, February 16, 2007) be conclusively presumed as true, correct and final upon filing and shall be deemed complete upon full payment of the amount due. President vetoed this provision stating that beyond the transfer of property, rights and obligations to the heirs, legatees, and devisees, the valuation under (E) above which covers only property taxes. the Tax Amnesty on Delinquencies Return shall be deemed sufficient proof of availment. 75697, June 1987), B. effectivity of the IRR file with the appropriate office of the BIR, which has jurisdiction over the residence or principal place of business of the taxpayer, Such other taxes as are or hereafter may be imposed and collected by the Bureau of Internal Revenue. estate tax laws prevailing at the time of death of the decedent; b. b. Regressive – tax rate decreases as tax base or bracket increases. endorse an Acceptance Payment Form authorizing the authorized agent bank, or in the absence thereof, the revenue collection agent or municipal Involving tax evasion and criminal offenses under the Tax Code, as amended; and a. As to subject matter: 466; see also House vs. As Chief Justice Hilario G. Davide, Jr., then a member of the the manner provided by law. chapter 1 general principles and concepts of taxation . DOCX, PDF, TXT or read online from Scribd, 0% found this document useful, Mark this document as useful, 0% found this document not useful, Mark this document as not useful, Save General Principles of Income Taxation in the Phili... For Later, General Principles of Income taxation in the Philippines, 1. (Eastern Theatrical involved in cases pending in appropriate courts: 207 of NIRC, which refers to the remedy of the Government to collect taxes. XIV, Sec. A VAT-registered person’s entitlement to the creditable input tax is merely a statutory privilege (Abakada Guro Party List vs. Ermita, Ibid.). Assessment is a notice to the effect that the amount therein stated is due as tax and a demand for payment thereof. However, the However, if allowable deductions applicable at the time of death of the decedent Authority Public authority Private individuals the same rate or taxing district are obliged to pay. rights of the people and takes from them a portion of their property for the support of the government. Upon the dissolution or cessation of the corporate existence of such institutions, their assets shall be disposed of in that such rests in the discretion of the authority which exercises it. UNIFORMITY means that all taxable articles or kinds of property of the same classes shall be taxed at the same rate. Equitability – The burden of taxation falls to those better able to pay. Petitioners failed to show that EO 273 was issued capriciously and whimsically Jur. b. Personal, poll or capitation – those imposed upon residents of a territory, regardless of citizenship, property, occupation, business. Plunder Act; national law: National Internal Revenue Codeâenacted as Republic Act No. Our Constitution does not prohibit double taxation. The Philippine taxation system has been and is still in a state of dynamic transformation since January 2018, with the government heading towards ... SEC. Constitutionality of double taxation: Double taxation in its stricter sense is unconstitutional but that in the broader sense is not necessarily so. is the rationale of taxation and should dispel the erroneous notion that it is an arbitrary method of exaction by those in the seat of power. canteen. Taxation in the Philippines 1. In general the larger any of these costs get, the worse it is for efficiency. Both taxes are imposed on the same property or subject matter; Covering the same kind or character of tax. With regard to the 5% creditable withholding tax imposed on payments made by the government for taxable transactions, Section 114 par. Evaluation Board or the National Evaluation Board, as the case may be, on or before the IRR takes Theoretical Justice – must take into consideration the taxpayer’s ability to pay (Ability to Pay Theory). June 6, 1990). After payment, a Certificate of Availment of the Estate Tax Amnesty shall be issued by the BIR within 15 calendar days from submission to the BIR of It applies to all those who deal with the government (Abakada Guro Party List vs. Ermita, Ibid.). (Commissioner of Internal There is a denial of due process on account of the passage of an ordinance in the City of Manila which imposes a permit fee of P50.00 on aliens as a iii. 607). The Congress shall evolve a progressive system of taxation. agencies to evaluate the truthfulness of the declarations made by the taxpayers. Learn vocabulary, terms, and more with flashcards, games, and other study tools. The words “dominant use” or “principal use” cannot be substituted for the words “used exclusively” without doing violence its command, then the court must declare and adjudge it null. such input taxes have not been applied against output taxes. (Kapatiran ng Mga Naglilingkod sa Pamahalaan v. Tan; June 30, 1988). Due process was not violated when the VAT law (EO 273) was promulgated. IMPRESCRIPTIBILITY OF TAXES: Taxes are generally imprescriptible, except when the law provides otherwise, e.g. Taxes on wealth (such as property tax), tend to be more stable during a recession. 1986 Constitutional Commission, explained: "... what is exempted is not the institution itself.. Regulation - where taxes are levied on excises or privileges for purposes of rehabilitation and stabilization of threatened industry which is affected by. Failure to file an appeal with the CTA or an administrative appeal before the CIR within 30 days from receipt of the decision denying the income derived from sources within the Philippines. The determination of purposes for which taxes shall be levied provided it is for the benefit of the public. (Chavez vs. Ongpin; GR No. F. EXEMPTION OF NON-STOCK, NON-PROFIT EDUCATIONAL INSTITUTIONS. have remained unpaid or have accrued as of December 31, 2017. The input tax is not a property or property right within the constitutional purview of the due rates (Sison vs. Ancheta, G.R. VI, Sec. Since it has not been shown that the class subject become final and executory due to the following instances: It applied for compromise and paid P400, f. Who will avail: demand is made Principle of Necessity - without money, the government cannot pay its expenses and therefore cannot exist. Copyright © 2021 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01. Art. come within the purview of Sec. Nos. 5. Aliens, once admitted in the Philippines, cannot be deprived of life without due process of law and this guarantee The determination as to the kind of tax to be collected (i.e. Manila, G.R. c. Tax Base: Art. ii. the same force and effect in every place where the subject of it is found. the judicial tribunals have no concern on the wisdom of taxing act. whether denied or pending, the amount of payment shall be based on the NET basic tax as certified by the concerned office. SEC. withholding taxes falling under letters A, B and C above. A citizen of the Philippines residing therein is taxable on all income derived from 187 of the Local Government Code covers only “tax” ordinance. a. Income tax 1. a. of the subject properties is a technical aspect that cannot be left to mere self-declaration and that there must be an opportunity for implementing Assignability No Yes iii. a. Total net estate at the time of death, or the gross estate less all allowable deductions as provided in the Tax Code, as amended, or the applicable Exemptions are highly disfavored by law and he who claims an exemption must be able to justify his claim by the clearest grant of law. If an estate tax return was previously filed, the estate tax shall be based on net undeclared estate. As to rate/progression: Co., G.R. political subdivisions OR (2) public Amnesty Return and appurtenant documents shall be confidential in nature and shall not be used in any investigation or prosecution before any judicial, Try this amazing General Principles Of Taxation! Art. of goods, Tax Debt The tax exemption granted is conditioned only on the actual, direct and exclusive USE of their revenues and assets for educational purposes. Purpose For support of the government As compensation for use of another's property, Determination of Amount Determined by the sovereign Determined by the cost of the property or improvement absence of a constitutional grant. L-39086, June 15, 1988). It is a tax on the net income or the entire income received or realized in one taxable year. An exemption e. Tax Due: shall be 6% of the Net Estate as determined above. Tax Amnesty Return shall be deemed sufficient proof of availment. issued (Kapatiran vs. CIR, G.R. Start studying General Principles: Income Taxation in the Philippines (Sec. the general principles of taxation, ajs illustrating the advantages of a perfect income tax. 6 General Principles of Philippine Income Taxation (A) RESIDENT CITIZENS are taxable for income sourced from within or without. Basis Law Contract/ judgment vs. Quezon City, G.R. ii. Taxation 101: Basic Rules and Principles in Philippine Taxation by: JR Lopez Gonzales Faculty, Political Science Department, MSU-IIT This is the supplementary manuscript for the Political Science 2 Seminar Series on Philippine Taxation. A domestic corporation is taxable on all income derived from sources within and, 6. If B Company applied for Tax Amnesty, how much would it pay? The Philippines does not have a general anti-avoidance clause within its Tax Code. and improvements actually, directly and exclusively used for religious, charitable or educational purposes." relation thereto. When and Where to File: Any person, natural or juridical, who wishes to avail of the Tax Amnesty on Delinquencies shall, within one year from the In a nutshell, this document summarizes some of the basic rules, its nature, and purpose of taxation. Coverage: the above exemption does not only cover property tax but also income tax unlike the exemption of religious and educational institutions provided Must apply equally to all members of a class. Without taxes, the government would be paralyzed for lack The power to tax proceeds upon the theory that the existence of a government is a necessity and this power is an essential and taxability NOT OWNERSHIP. No. Failure to file an appeal with the CTA within 30 days from receipt of the decision of the CIR denying the taxpayer’s administrative appeal to Unlimited – it is so unlimited in force and searching in extent that courts scarcely venture to declare that it is subject to any restrictions, except those Tax Avoidance – exploitation by the taxpayer of legally permissible alternative tax rates or methods of assessing taxable property or income, in order to The payment of the amnesty tax shall be made at the time of the filing of the Return. 144104, June 29, 2004). III, Sec. For example, this will require taxes on, wealth, as well as income and consumption. Symbiotic relationship theory - It is said that taxes are what we pay for a civilized society. L-49336, August 31, 1981). General Principles of Income Taxation in the Philippines SEC. C merely The Congress shall evolve a progressive system of taxation. NOTE: Non-observance of Fiscal Adequacy and Administrative Feasibility will render the tax measure unsound but not unconstitutional. 5: The Supreme Court shall have the power to review, revise, modify or affirm on appeal or certiorari as the law or the Rules of Court With Pending Compromise Settlement Application under letter A above: if the delinquent tax is subject of an application for compromise settlement, i. which enters the city and use its streets occasionally violates the rule on the equality of taxation (Assoc. c. No admission of liability: the availment of the Tax Amnesty on Delinquencies and the issuance of the corresponding Acceptance Payment Form do L-10405; Dec. 29, 1960), One sector is not benefited: Public purpose is not destroyed by the fact that the tax law may not be beneficial to one group. The tax law must designate which agency will collect the taxes, The circulars or regulations issued by the Secretary of Finance or the Commissioner of the Internal Revenue must be in accordance with the tax measures The power to grant tax exemptions and condonations. and inherent attribute of sovereignty, belonging as a matter of right to every independent state or government. thereon based on the total net estate at the time of death of the LAST decedent covering all accrued taxes under the Tax Code, arising from the As to authority imposing the tax: admission of criminal, civil or administrative liability on the part of the availing estate. Pontifical and Royal University of Santo Tomas, The Catholic University of the Philippines. a. 144104, June 29, 2004). Delinquencies covered and Applicable Rates: Delinquency Covered Applicable Rate every person who is able to must contribute his share in the running of the government. 11213): towards the policy of the State in protecting and enhancing revenue administration and collection, the TAXES: are enforced proportional contributions from the persons and property levied by the law-making body of the State by virtue of its sovereignty in support mandates that the rule on taxation must be uniform and equitable and that the State evolve a progressive system of taxation. e. Proof of Availment and Compliance; effects thereof: Any notices of levy, attachments and/or warrants of garnishment issued against the Otherwise, the duplicate copies, stamped as received, of the Acceptance Payment Form, and i. source. entities. Tax Amnesty Return BIR Form No. Revenue vs. Algue; GR No. supreme courtâs final judgement in all tax cases the power of judicial review in taxation is limited only to the interpretation and application of tax laws. Primary – to raise revenues; to support the existence of the State and enable the state to promote the general welfare. Similar to the Estate Tax Amnesty, the RDO shall issue and Prescription Determined by the Tax Code Determined by the Civil Code. (Phil. No. Document BIR Form/Reference i. request for reinvestigation or reconsideration; or Form and the Tax Amnesty on Delinquencies Return. I. Overview: Tax Seminars: Principles of Taxation in the Philippines is a training course to take on the confusing topic of Taxation in the Philippines and discuss it in a more understandable and practical light. future, then the tax ordinance is valid (Ormoc Sugar Central vs. CIR, G.R. Limitation on Amount Subject only to inherent and constitutional limitations Limited to the cost of issuance of license and cost of L-3538, May 28, 1952). “Exclusive”: is defined as possessed and enjoyed to the exclusion of others; debarred from participation or enjoyment; and “exclusively” is defined, “in a Limitation under Section 30 of the Tax Code: the last paragraph of Sec. iii. 20. concerned, to accept the tax amnesty payment. Art. 187 and the CTA does not have jurisdiction over the legality of the same, jurisdiction thereof being under the RTC. i. Substantive due process: requires that assessments must not be harsh, oppressive or confiscatory; it must be made under authority of a valid law; and must decedent. SOURCES OF REVENUE: the following are considered national internal revenue taxes: A revenue measure must be laid for a public purpose determined by the legislature. The fact that one sector is benefited The requirement of equal protection of the laws requires that the law must apply equally to all persons within the same class. of the Principle of Theoretical Justice is invalid because the Constitution itself requires that taxation must be equitable. L-29646, November 10, 1978). Video Lectures on Taxation 2017 Bar Review. B Pending criminal cases with the DOJ or the courts for tax evasion and other criminal offenses under Taxation is the act of levying the tax, i.e., the process or means by which the sovereign, through its law-making body, raises income to defray the necessary expenses of the government. General Anti-Avoidance . It is a necessary burden to preserve the State's sovereignty and a Receipt of Donation: The institution does not lose its character as a charitable institution simply because the gift or donation is in the form of subsidies Promotion of general welfare – taxation may be used to implement police power (e.g., grant of VAT exemption and Discounts to Senior Citizens); subdivisions. dispensation of medical services to them, whether paying or non-paying, other portions thereof are being leased to private individuals for their clinics and a The determination of subjects of taxation such as the person, property or occupation within its jurisdiction. 338)." Amnesty Tax to be paid P240. No. Note that in Real Property Taxation, the actual use is determinative of assessment a. b. No. 3019, or the Anti-Graft and Corrupt Practices Act, and RA No. account, where the application for compromise has been requested but was denied by the Regional. utilizing all permissible allowable deductions). Estate Tax Amnesty: appurtenant civil, criminal and administrative cases and penalties under the Tax Code, as amended. is taxable only on the income derived from sources within the Philippines. Acceptance Payment Form BIR Form No. prosecution will result, Tax Toll General Principles of Income Taxation in the Philippines. manner to exclude; as enjoying a privilege exclusively.” If real property is used for one or more commercial purposes, it is not exclusively used for the exempted No. Definition Demand of sovereignty for raising revenue Amount charged for the cost and maintenance of property used Tax Deduction – an amount subtracted from the gross income to arrive at taxable income. Income from intangible personal property, however, is generally taxable where the obligation arises. Definition Enforced proportional contributions from persons General Principles of Philippine Income Taxation Income â It means the gain derived from capital, from labor or from both combined including profits gained from dealings in property or as well as any asset clearly realized whether earned or not. all citizens and property within its power to contribute for the same purpose. 4(3): All revenues and assets of non-stock, non-profit educational institutions used actually, directly, and exclusively for educational purposes Taxation is progressive when its rate goes up depending on the resources of the person affected (Reyes vs. Almanzor, G.R. Two ways by which equal protection clause is violated: C. UNIFORMITY AND PRGRESSIVITY OF TAXATION. Secondary – non-revenue or sumptuary Certificate of Tax Delinquencies/Tax Liabilities Annex C of RR No. g. Period of availment: 2 years from the effectivity of the Implementing Rules and Regulations (IRR) of the Tax Amnesty Act. Specific – amounts fixed and is imposed by the head or number or some measurement, hence, no valuation is needed except for the list of things to. c. Proportionate – tax is based on a fixed percentage of the amount of the property, receipts or other bases to be taxed. Liability Personal Non-personal 7080 or the Personal Income Tax 1. Who are Liable? State shall: of government and for public needs. d. Immunities and Privileges: The tax delinquency of those who avail of the Tax Amnesty on Delinquencies and have fully complied with all the (Commissioner of Internal Revenue v. Acesite (Philippines) Hotel The determination of agencies to collect the taxes. VI, Sec. Plenary – it is complete; unqualified; absolute. Also known as “tax minimization.” (e.g. a) There is double taxation because two taxes â income tax and gross receipts tax are imposed on the interest incomes described above and double taxation is prohibited under the 1987 Constitution There is no double taxation if the law imposes two different taxes on the same income, business or property. of tangible and intangible benefits intended to improve the lives of the people and enhance their moral and material values. and in the process another sector is being in a way prejudiced would not diminish the public character of the tax (Tio v. Videogram Regulatory Board, G.R. L-81311, June 30, 1988). - Except when otherwise provided in this Code: (A) A citizen of the Philippines residing therein is taxable on all income derived from sources within and without the Philippines; (B) A nonresident citizen is taxable only on income derived from sources within the Philippines; The VAT law cannot be considered as violative of the Administrative Feasibility principle because it is principally aimed to rationalize the system on taxes TAXATION is the inherent power by which the sovereign, through its law-making body, raises revenue to defray the necessary expenses of the government. The taxpayer asks for restitution of the money paid as tax which is either excessive or erroneous. v. In the same way that taxes are personal, tax exemptions are also personal. L-4375, May 22, 1953). (Pepsi-Cola Bottling Co. of the Philippines vs. Broadness Broader term Tariff or tax on the importation (usually) or exportation (unusually) Tax Amnesty on Delinquencies C Tax cases subject of final and executory judgment by the courts on or before the IRR takes effect. 1. Constitution: Article VI, Section 28 of the Constitution states that "the rule of taxation shall be uniform and equitable" and that "Congress shall evolve a progressive system of taxation". Imposed by the State which has jurisdiction over the person, property or excises (activity); Proportionate in character – based on the taxpayer’s ability to pay; As to purposes: Tax due shown on the Assessment Notice, net of any basic tax paid prior to the effectivity of RR No. Subject Imposed on lands, persons, property, income, Confidentiality and Non-Use of Information and Data: any information or data contained in, derived from or provided by the taxpayer in the Tax Taxable income from employment, business, trade and exercise of profession including casual gains, profits, and prizes of PhP10,000 or less; except items of income subject to final tax and special treatment, e.g. ; those exempted from real estate taxes are lands, buildings The 1987 Philippine Constitution sets limitations on the exercise of the power to tax. (Asiatic Petroleum Co. vs. Llanes, 49 Phil. 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